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airworthiness; or
(b) for an aircraft engine or propeller — in the form of an authorised
release certificate.
(2) An export certificate of airworthiness does not authorise the operation
of aircraft.
(3) Export airworthiness approval of Class II and III products is issued in
the form of an authorised release certificate.
Products which may be approved
(4) Export airworthiness approvals may be issued for the following :
(a) new aircraft that are assembled and that have been flight-tested,
except that export airworthiness approval may be issued for any
of the following without assembly or flight-test:
(i) a small aeroplane type certificated by reference to Part 23
and manufactured under a production certificate;
(ii) a glider, powered sailplane or manned free balloon for
which a type certificate of the kind mentioned in regulation
21.021 or 21.024 is issued under this Part and that is
manufactured under a production certificate;
(iii) a normal category rotorcraft type certificated by reference
to Part 27 and manufactured under a production certificate;
(b) used aircraft possessing a valid certificate of airworthiness, or
other used Class I or Class II products that have been maintained
in accordance with the applicable provisions of CAR or CASR.
(4A) Authorised release certificates may be issued for any of the following
that are manufactured and located in Australia:
(a) Class I products other than aircraft;
(b) Class II and III products.
(5) Despite regulation 21.324, CASA is not required to issue an export
airworthiness approval for used aircraft or used Class I products
mentioned in paragraph (4) (b) that are located outside Australian
territory, unless there is no undue burden on CASA in administering
this regulation.
Civil Aviation Safety Regulations 1998 (CASR)
Office of Legal Counsel CASR
Civil Aviation Safety Authority 1st Edition – January 2003
Part 21 — 106
Export airworthiness approval exceptions
(6) If CASA or an authorised person issues an export airworthiness
approval on the basis of a written statement by the importing state as
provided for in paragraph 21.327 (4) (d), CASA or the authorised
person must list on the export airworthiness approval, as exceptions,
the requirements that are not met and the differences in configuration,
if any, between the product to be exported and the related type
certificated product.
Penalty: 50 penalty units.
(7) An offence against subregulation (6) is an offence of strict liability.
Note For strict liability, see section 6.1 of the Criminal Code.
Source FARs section 21.325, modified.
21.327 Application
(1) Except as provided in subregulation (2), an application for export
airworthiness approval for a Class I, Class II or Class III product must
be made to CASA or an authorised person in a form and manner
acceptable to CASA.
(2) A manufacturer holding a production certificate may apply orally to
CASA or an authorised person for export airworthiness approval of a
Class II product approved under the manufacturer’s production
certificate.
(3) A separate application must be made for:
(a) each aircraft; and
(b) each engine or propeller, except that one application may be
made for more than one engine or propeller, if all are of the same
type and model and are to be exported to the same purchaser and
country; and
(c) each type of Class II product, except that one application may be
made for more than one type of Class II product when:
(i) they are separated in the application and the type and
model of the related Class I product is identified; and
(ii) they are to be exported to the same purchaser and country.
(4) Each application must be accompanied by a written statement from
the importing country that will validate the export airworthiness
approval if the product being exported is:
(a) an aircraft manufactured outside Australian territory and being
exported to a country with which Australia has a reciprocal
agreement concerning the validation of export certificates; or
Civil Aviation Safety Regulations 1998 (CASR)
CASR Office of Legal Counsel
1st Edition – January 2003 Civil Aviation Safety Authority
Part 21 — 107
(b) an unassembled aircraft which has not been flight-tested; or
(c) a product that does not meet the special requirement of the
importing country; or
(d) a product that does not meet a requirement specified in
regulation 21.329, 21.331, or 21.333, as applicable, for the issue
of an export airworthiness approval; or
(e) a product for which the importing country does not require the
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